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LATS, BANNIGAN & CIRESI. P. A. <br />ATTORNEYS AT LAW <br />409 MIDWEST FEDERAL BUILDING <br />STH AND CEDAR <br />SAINT PAUL. MINNESOTA 55101 <br />DONALD L. LATS <br />JOHN F. BANNIGAN, JR. <br />JEROME D. CIRESI <br />PATRICK J. KELLY <br />February 22, 1977 <br />Mr. Thomas Lewcock <br />New Brighton City Manager <br />803 Fifth Avenue N.W. <br />New Brighton, Minnesota 55112 <br />Re: N168 (Skiba-Herbst) <br />Dear Mr. Lewcock: <br />AREA CODE 612 <br />224.8781 <br />I have been asked as to the possible exposures to liability on the part of the <br />City in the event an easement were obtained for access purposes and possible <br />public street purposes in the area covered by the private drive on the subject <br />property. <br />The Council indicated some concern over this and requested that we obtain some <br />agreement for the future granting of an easement. <br />Its my recommendation that we obtain a quit claim deed for an easement for <br />street purposes to the subject property as opposed to entering into some agree- <br />ment for the future granting of an easement deed based upon some contingency. <br />I recommend the above because the Council still retains the discression to choose <br />whether or not to build a road that might have had under a suggested future grant <br />of an easement. The Council does retain a right to vacate a street under the <br />statute and could take that action should it not want to construct a public roadway <br />in the specific area. In addition._. to the above reasons, the obtaining of the <br />easement would make it a matter of record that should the respective properties be <br />sold or split in some way, the future buyers would be on notice as to the easement <br />and would be in no position to construct buildings or other structures on the <br />easement portion. In the meantime, they would have the full use of it as a private <br />drive.' <br />Its my suggestion that we have the applicant execute a quit claim deed to the City <br />for an easement and that the deed be recorded together with an:application of any <br />resolution approving a minor subdivision, which I understand is involved in this <br />property. <br />DLL/dw <br />Very truly yours, <br />,7BAMIGAN C SI, P.A. <br />Donald L. Lais <br />